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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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When I was caught using my mom's freedom pass, 'the caution' was read to me AFTER I answered all the questions and was asked to sign the notes. I was NOT asked to review the notes just to sign.

 

 

  • Is it how it is supposed to be done?

 

After the questions and my signature the caution followed and I just felt sick. The officer offered free legal advice but I refused because I was mentally and physically unable to continue.

 

 

  • Can I still request free legal advice should I go to court?

 

I think I wasnÂ’t informed that I DID NOT have to answer the questions WITHOUT legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway... but:

 

 

  • Was the caution read to me legally in this order?
  • Should I mention it in my apology letter?

 

With a case number saying to fill in the form on the reverse of the letter with plead guilty or not guilty within 10 days – no intention to prosecute yet. I intend to plead guilty because I did commit this offence. If I accept committing the offence I need to provide any exceptional reasons as to why they should not prosecute me. They stopped me just after I crossed the tube gates at Northolt station so I didn't have a chance to actually make any journey. After all the questioning they let me out and I went back in using my credit card.

 

I only have 4 days to reply as I only received it today (I was checking the post ever since the incident – it took them only 4 days to write it to me – is it a bad sign?) so I only have a week to reply L. So please can you help me understand:

 

  1. What the legal consequences will be? I am talking about worst case scenario. I am pretty sure I will be prosecuted, will be given a criminal record, huge fine (how much do you think?) but will not be jailed as this is my first offence? Or am I wrong and can get to prison? Will my employer need to know? Will I get fired?
    • If this happens can I appeal and how?

 

[*]My exceptional reasons (I guess these are the mitigating circumstances) is my mental illness.

  • I have suffered from depression, anxiety, associated disorders and side effects caused by being on antidepressants for about 10 years – all is GP documented. As a result I have suffered from frequent serious disorders – just imagine the worst for a depressed person as I donÂ’t feel like providing such details. In addition I recently started a therapy to stop smoking and the side effects of the medicine are severe and are not helping my mental state. Especially the last 2 years have been very hard for me, I lost my job, my person life crumbled, I had difficulty getting out of bed and so onÂ… and finally 3 weeks ago I found a job (which again added a lot of stress as I want to keep it at all costs) and I was caught only after 2 weeks of working.

 

[*]I was asked if it was my first time:

  • I honestly donÂ’t know and this is what I answered. My mom and I keep exchanging bags and stuff and I have been too stressed out to check which card I had in my bag – they have the same cases. So the worst case scenario is that I have been using it since January/February this year but irregularly like 1-3 times a week or weeks of not using it at all.

 

[*]‘the caution’

  • Was read to me after I answered all the questions and was asked to sign the notes. I was not asked to review the notes just to sign. Later came the caution and I just felt sick. He offered free legal advice but I refused because I was mentally and physically unable to continue. I think I wasnÂ’t informed that I didnÂ’t have to answer the questions without legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway but:

 

  1. Was the caution read to me legally in this order? I.e. after I answered all the questions and was asked to sign the notes without reviewing them?

[*]Apology letter

  • I intend to write everything that happened, the card/bag mix up, my mental issues, plead guilty, apologise, ask not to be prosecuted, not to get a criminal record, settle out of court, offer the payment of all the associated fees and penalty etc.

 

  1. Does it sound right?
  2. Should I add something about the caution that to me should have been read at the beginning?
  3. Should I add anything else to help my case?

Thank you very much for reading this! As you can imagine I am losing my mind, I am scared, terrified I overmedicate so that I donÂ’t have to thinkÂ… any words of wisdom will help so please, I am begging you help me if you can.

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Don't start trying to pull the legal stuff on them.

 

The best you can do is to be completely contrite, open, honest and make it clear that you've learnt a lesson and you will never do it again.

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Thank you for your reply.

Yes, my letter is very humble, contrite, open and honest.

 

I am begging for mercy and I’m offering to pay any fees and penalties they think I deserve and/or do any social/charity work that might help me not get a prosecution and a criminal record.

 

I was actually planning to write the 'caution' at the very end as a ps. just in case it changed anything.

 

Are you saying I should not even mention it? Even if it was done wrongly? And I presume it was but I don't know the law that’s why I’m asking…

Edited by dx100uk
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No don't do it. Very undiplomatic in the circumstances

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were you caught going/coming from work?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good.

you should have focussed on that part

they cant prove anything outside of a differing timeframe.

 

I was caught only after 2 weeks of working.

 

so the VERY maximum journeys they might think you have made is 10.

 

you've just started a new job, so I would guess you've not been paid yet either?

 

still not an excuse for using the card

or mistakenly using the card.

you indicate you had other cards and the wallets look the same

so.. did you top up the other card with money for your journeys to/from work?

 

 

if you didn't your I mistakenly used the wrong wallet excuse is blown straight out the water

did they note the other card

did you tell them about

is it in your name?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the oyster card is in your name good

now did you put money on it to travel the two weeks of work?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

No I didn't load my card.

As I explained earlier I thought I was travelling on my credit card as usual.

With the new job I didn't have time to check all the fares, daily, weekly, monthly, yearly, substract holidays, working from home and calculate what was the best option for me.

 

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

But the officer did not take the details of my credit card,

he took the details of my expired student oyster card with some top up credit on it.

Does it answer your question?

how should I proceed now?

 

I'm really desperate and so frightened.

If I get a criminal record I will lose my job, I will have another breakdown, I won't be able to find a new job and I have no idea how I will get on with my life.

 

I am so angry as I have always lived honestly and I have never done anything illegal or similar.

In all my life I have always been a law abiding citizen paying my taxes and bills always on time, and living in accordance with all the rules and regulations.

And now out of the blue I am in huge trouble and I really have no idea why it happened :-(

Edited by dx100uk
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well don't be

its not a big deal

and if you read here on cag there are numerous cases of these being settled OOC.

even at the court room door on the day.

oh and no you will NOT goto prison!!

 

you've got to do the letter properly mind.

 

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

 

this troubles me as it shows you knew something was amiss , it they have a record of this it might make things difficult.

 

 

can you scan up your letter please to PDF read upload

lets see exactly what it alleges.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

 

this troubles me as it shows you knew something was amiss , it they have a record of this it might make things difficult.

---

Unfortunately this is the problem I am experiencing with my mental health, depression and anxiety.

You know you need to do something, even something very simple like brushing your teeth, and when you are about to do it, you get a feeling that it is so overwhelming, so huge and impossible to achiveve that you just give up, don't do it, start crying and don't get out of bed for a week or 2 until someone notices your abscence and comes to help you...

Have you got anyone with such problems?

 

THere are many forum on this topic and the only consolation to me is that I am not the only one in this situation....

If this 'make things difficult' I will need to ask my therapist to attend the court and explain what depression is all about...and it is not easy.

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all to your advantage poss

 

anyway can you scan your letter up:

lets see what they are alleging please

PDF read uipload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry what is 'poss'?

 

and sorry I dont have a scanner but they don't say a lot:

 

TFL, date, addresses...

 

On date... you were reported to TFL for failing to produce a valid tickets....

the facts of this incident are being considered and I must advise that legal proceedngs may be taken against you in accordance wit TFL's prosection policy.

 

In order to deal with it correclty,

please return the information requested with any comments within 10 days...

in writing, by email to or post.

Provide a copy of a valid photocard.

 

you do not have to reply but it may harm our defence...

failure to respond may result in matter being progressed without furthe notification.

for more information refer to TFL's revenue enforcement and prosecution policy....

TFL will use your personal information for administering enforcement activity.... including prosecution... fraud prevention. We may also share it with london councils...

your personal info will be properly safeguarded in accordance of data protection...

In cetrain circumstances TFL may disclose this info with the police and others... yours sincerely

And at the back the requested info: personal info plus 1- I deny and 2 I accept and are asking for exceptional reasons including evidence as to why TFL should not prosecute.

 

Any advice please? pretty please?

 

Sorry, not sure how to delete this post as I can't find the delete option and it is a duplicate.

Edited by dx100uk
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post 22 here attachment

 

type out EXACTLY word for word the 1st sentence of your letter upto in order for TFL …

the rest is std. we KNOW what they say after that its the same

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Dear Madam

On date... you were reported to TFL for failing to produce a valid ticket, pass or photocard for your journey on the London Underground. The facts of this incident are being considered and I must advise you that legal proceedngs may be taken against you in accordance with TFL's prosection policy.

 

In order for TFL to deal with this case correclty...

 

Is it really bad? or just standard? What does it mean exactly?

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pretty much std them like that other one above.

opps I see links aren't posting hang on

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you! I wrote 2,5 pages in my appology letter - is it far too long? I've been working on it since yesterday and I just have no idea how to reduce it :-(

For now I feel to ashamed to ask a friend for help to proofread it so I am asking here. Can anyone please help?

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use the example I posted

briefly insert you stuff as a couple of short sentences

no more than that

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm so sorry I didn't notice your post :-( I'm looking at it now and it really is short, I am this type of a person whose writing style is very long... but I will try again and post it.

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you must always check back to when YOU last posted

not just hit an email link

cag only alerts you to the last post.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I'm so sorry I didn't notice your post :-( I'm looking at it now and it really is short, I am this type of a person whose writing style is very long... but I will try again and post it.

 

It's good to put things in your own words so they don't think you've just copied a template. Try to condense it to under a page. They don't need paragraphs on your mental problems, they should understand depression and so on. Just sentence or two is enough.

 

And I wouldn't major on the bag mix-up, everyone tries that one.

 

HB

Illegitimi non carborundum

 

 

 

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